- 2 - Penalty Year Deficiency Sec. 6662(a)1 1994 $26,835 $5,367 1995 26,387 5,277 Respondent determined income tax deficiencies and penalties for petitioner J&J Management Group, Inc. (J&J), docket No. 3210-99, as follows: Penalty Year Deficiency Sec. 6662(a)1 1994 $3,402 $680 1995 31,913 6,383 1 Respondent has conceded that petitioners are not liable for sec. 6662(a) penalties for the 1994 or 1995 taxable year. Respondent concedes that the Shedds did not receive constructive dividends for 1994. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable periods under consideration, and all Rule references are to the Tax Court Rules of Practice and Procedure. The primary issue for our consideration is whether advances from J&J to TLC Management, Inc. (TLC), were business loans or contributions to capital. If we decide that they were business loans, we must then decide whether J&J is entitled to a bad debt deduction under section 166. If we find that the advances were contributions to capital, we must then decide whether the advances should be treated as constructive dividends from J&J to the Shedds, in light of Mr. Shedd’s ownership of stock in both J&J and TLC.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011